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Constitution of Pakistan (1973)----Art. 185 (3)-Civil Procedure Code (V of 1908), O. XXXIX, r. 1­Injunction-Trial Court rejecting application for grant of injunction sought against person not party to suit-Injunction granted by appel­late Court against same party and upheld by High Court in revision ­Held, against relevant provision of r. 1 (a) of O. XXXIX-Impugned orders set aside and order of trial Court restored. Muhammad Younas Shah, Advocate Supreme Court instructed by M. Qasim Imam, Advocate-on-Record (absent) for Petitioners. Syed Masood Kausar, Advocate Supreme Court instructed by Haji M. A. Qayum Mazhar, Advocate-on-Record (absent) for Respondent. Date of hearing: 30th May, 1984. ORDER MUHAMMAD HALEEM, C. J.-The petitioner seeks leave to appeal against the judgment of the Peshawar High Court, Peshawar, dated 14th of January, 1983 by which Civil Revision No. 71 of 1981, was dismissed. Arshad Javed was the owner of 47 Kanals and 12 Marlas of agricultural land bearing 12 Khasra numbers in Khata No. 95, situate in village Gandiali Payan, Tehsil Kohat. This represented his 7/12th share in the Khata. He mortgaged the share vide Mutation No. 156 to Agha Jan for Rs. 30,000 but this mutation was not attested. Again by an agreement dated 12th of March, 1981 which purported to be an unregistered sale-deed, he sold it to Agha Jan for Rs. 1,73,750 after adjusting Rs. 30,000. But this transaction was also not mutated and finally it was cancelled on 18th of June, 1982 by another unregistered document. However, before the cancellation of the transaction, Kundal Khan instituted a suit on 13-7-1981 for pre-empting the equity of redemption on the basis of his right as a co-sharer in the Khata. during the pendency of the suit, Arshad Javed sought to exchange his 7/12th share with some land belonging to Mst. Warman Ji sister of Agha Jan and in this connection two exchange mutations bearing Nos. 302 and 303 were entered, but they were not attested. Further it appears that Arshad Javed made an application for being joined as a party in the suit, but the trial Court rejected his application against which order he went in revision, which is still pending. Kundal Khan filed an…

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